"I Want My Dippin' Dots" Dance Challenge - Official Full Contest Rules
OFFICIAL RULES: Dippin’ Dots Dance Challenge Promotion
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.
THE PROMOTION (defined below) IS SUBJECT TO THESE OFFICIAL RULES AND BY ENTERING, EACH ENTRANT UNCONDITIONALLY AGREES TO BE BOUND BY THEM.
The Dippin’ Dots Dance Challenge Promotion (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) and Puerto Rico who are at least thirteen (13) years old at the time of entry except that the Promotion is void and not available to residents of Guam, the U.S. Virgin Islands, and other U.S. territories and possessions, overseas military installations and where prohibited by law. Employees of Dippin’ Dots LLC, or any other company or individual involved with the design, production, execution or distribution of the Promotion, or any of their respective affiliates, subsidiaries, advertising agencies, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
BY ENTERING, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD AT TIME OF ENTRY AND HAVE YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO ENTER. By entering into the Promotion, you represent and warrant that you either (i) are age 18 or over or (ii) are the parent or legal guardian of a minor at least thirteen (13) years old and have the legal right to consent to and do hereby consent to these Official Rules on behalf of that minor (each such individual an “Entrant”; if the parent or legal guardian of the minor, the parent and/or legal guardian and the minor are collectively the “Entrant”).
- Sponsor and Administrator
Sponsor and Administrator: Dippin’ Dots, LLC, 5101 Charter Oak Drive, Paducah, KY 42001 (“Sponsor”).
The Promotion begins on or about July 1, 2019 at 12:00 P.M. Central Time (“CT”) and ends on July 31, 2019 at 12:00 P.M. CT (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
- How to Enter
To enter, during the Promotion Period, Entrants must view the “I Want My Dippin’ Dots” Dance Video! found at https://www.dippindots.com/song (the “Dippin’ Dots Song”) and submit a video of a choreographed dance routine mimicking the dance moves shown in the Dippin’ Dots Song in one of the following two ways (each a “Dance Entry”):
- Use the hashtag #iwantmydippindots and #dippindots in connection with a social media post including the Dance Entry on one of three social media platforms (Facebook®, Instagram®, Twitter®); or
- Submit a link to, or file of, the Dance Entry to the email address email@example.com.
Each video submitted in connection with a Dance Entry will only be eligible for one (1) entry in to the Promotion. If a Dance Entry contains more than one individual, only the individual submitting the Dance Entry into the Promotion will be eligible for a Prize. In the case of a Dance Entry submitted through use of the hashtag, the owner of the social media page for which the Dance Entry was posted will be deemed the Entrant. In the case of a Dance Entry submitted through use of the email address above, the authorized account holder, as defined herein, will be deemed the Entrant. Sponsor reserves the right to contact Entrants through the respective social media platforms, or the email address, used to enter the Promotion. Entrants may then choose to opt-out of future communications or email notifications. If an Entrant provides his/her email address in response to a notification from Sponsor, Sponsor reserves the right to contact Entrant at the submitted email address. After an initial email from Sponsor, Entrant may then choose to opt-out of future email notifications. Personally-identifying information of Entrants shall otherwise be used by Sponsor only with respect to this Promotion, and shall be destroyed after the end of the Promotion and the acceptance of Prizes, except to the extent Sponsor is required by law to maintain and/or disclose such information.
ENTRANTS ACKNOWLEDGE AND AGREE THAT THEY WILL NOT SUBMIT IN ANY FORM OR MANNER ANY PERSONALLY IDENTIFIABLE INFORMATION OF A MINOR CHILD YOUNGER THAN 13 YEARS OF AGE AT THE TIME OF ENTRY (“Prohibited Personally Identifying Information”). SPONSOR DOES NOT SEEK TO USE, DISSIMINATE OR COLLECT PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE PROMOTION, AND ANY ENTRY THAT INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION IS SUBJECT TO DISQUALIFICATION AND DESTRUCTION SHOULD SPONSOR OBTAIN ACTUAL KNOWLEDGE THAT SAID ENTRY INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION.
Prohibited Personally Identifying Information includes the following information of an individual under 13 years of age: first and last names; home or physical addresses, including street name and city or town name; online contact information, such as email address or anything that permits direct contact with a person online; screen or user names; telephone numbers; social security numbers; photograph, video, or audio file that contains child’s image or voice; or geolocation information able to identify street name or city or town name.
- Winners Selection
Prize Drawing: There are five (5) potential prizes set forth in detail below (each a “Prize”) and five (5) potential Prize Winners (as defined below).
On or after August 7, 2019, Sponsor shall choose five (5) Dance Entries from all valid entries submitted during the Promotion Period, said selection to be based upon the following criteria: 30% creativity, 30% adherence to choreography, 30% quality of production, i.e., video quality is clear, music is audible, and 10% integration of Sponsor’s brand.
The Entrant of the Dance Entry receiving the highest percentage score will be eligible for the Grand Prize, as detailed below, and the Entrant of such entry will initially be notified through the respective social media platform the Entrant submitted the Dance Entry through with the hashtag, or, in the event Entrant emailed in the Dance Entry, will be notified by email to the email address for which such Dance Entry was submitted with. This potential winner will be required to respond to such notification within five (5) days of the first notification attempt, which response shall include his/her email address and mailing address. Sponsor shall have no liability for any prize notification of any kind that is lost, intercepted, or not received by a potential winner for any reason. Grand Prize Winner (or if he/she is a minor, his/her parent or legal guardian) shall, (and other Prize Winners may, at Sponsor’s election) also be required to complete an Affidavit of Eligibility and Liability/Publicity Release, which must be completed, executed, and returned within fourteen (14) days of the date on Affidavit of Eligibility and Liability/Publicity. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt or within fourteen (14) days of the date on the Affidavit of Eligibility and Liability/Publicity Release or if the Prize or prize notification or Affidavit of Eligibility and Liability/Publicity Release is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her Prize and an alternate winner may be randomly selected by Sponsor. If any potential winner is found to be ineligible, or if he or she has not complied with or does not agree with these Official Rules or declines a Prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may (at Sponsor’s sole discretion) be selected. Sponsor may successively attempt to contact up to two (2) potential winners of each Prize in accordance with such procedure, and if there is still no confirmed Prize Winner of the Prize in question after such attempts have been made, such Prize may go unawarded. Sponsor may, at its sole discretion, randomly select additional entries should additional entries be required to award Prizes. The foregoing process is the “Prize Selection Process”.
Upon verification by Sponsor that the Entrant/potential winner contacted by Sponsor as a potential winner pursuant to the Prize Selection Process is eligible to win in accordance with these Official Rules, and upon agreement by the potential winner of these Official Rules and acceptance of a Prize, the Entrant/potential winner will be a “Prize Winner” or “Winner” or, if the Winner of the Grand Prize, may also be referred to as the “Grand Prize Winner”. Once a Prize Winner for the Grand Prize is selected, or the Grand Prize goes unawarded because no such Winner could be selected, the Entrant of the Dance Entry with the next highest percentage score will be eligible for the First Prize and Sponsor will go through the Prize Selection Process for the First Prize. Once a Prize Winner for the First Prize is selected, or the First Prize goes unawarded because no such Winner could be selected, the three Entrants with the next highest percentage scores will be eligible for the Runner Up Prize and Sponsor will go through the Prize Selection Process for the Runner Up Prize.
One (1) GRAND PRIZE is available consisting of the following: (i) $1,000 dollars cash/check; (ii) one (1) certificate redeemable for twelve (12) Dippin’ Dots home delivery shipments, each home delivery shipment consisting of one (1) 30-serving kit which shall include one (1) bulk bag (approx. 1 gallon) of Dippin’ Dots product which shall be mailed to the address provided by the Prize Winner of the Grand Prize in his/her entry or in response to the prize notification, said certificate expiring August 7, 2020; and (iii) free ground shipping of home delivery shipments redeemed pursuant to the certificate. Potential winners shall be contacted and confirmed in accordance with the Prize Selection Process and shall obtain certificate from Sponsor via electronic mail which must be redeemed online at a website provided by Sponsor on or by the expiration date. Total Actual Retail Value (“ARV”) of Grand Prize : $1,744.00 USD.
One (1) FIRST PRIZE is available and consists only of: (i) one (1) certificate redeemable for twelve (12) Dippin’ Dots home delivery shipments, each home delivery shipment consisting of one (1) 30-serving kit which shall include one (1) bulk bag (approx. 1 gallon) of Dippin’ Dots product which shall be mailed to the address provided by the Prize Winner of the Grand Prize in his/her entry or in response to the prize notification, said certificate expiring August 7, 2020; and (ii) free ground shipping of home delivery shipments redeemed pursuant to the certificate. Potential winners shall be contacted and confirmed in accordance with the Prize Selection Process and shall obtain certificate from Sponsor via electronic mail which must be redeemed online at a website provided by Sponsor on or by the expiration date. Total Actual Retail Value (“ARV”) of First Prize: $744.00 USD.
Runner Up Prize
Three (3) RUNNER UP PRIZEs are available, each consisting only of: (i) one (1) certificate redeemable for one (1) Dippin’ Dots home delivery shipments, each home delivery shipment consisting of one (1) 30-serving kit which shall include one (1) bulk bag (approx. 1 gallon) of Dippin’ Dots product which shall be mailed to the address provided by the Prize Winner of the Grand Prize in his/her entry or in response to the prize notification, said certificate expiring August 7, 2020; and (ii) free ground shipping of home delivery shipment redeemed pursuant to the certificate. Potential winners shall be contacted and confirmed in accordance with the Prize Selection Process and shall obtain certificate from Sponsor via electronic mail which must be redeemed online at a website provided by Sponsor on or by the expiration date. Total Actual Retail Value (“ARV”) of Runner Up Prize: $62.00 USD.
No cash equivalent for a Prize will be given. Each Prize consists only of the elements expressly set forth above. Any other expense, fee, and/or incidental costs not expressly stated in the Prize description above shall not be included in the Prize. Unless otherwise expressly stated herein, Prizes do not include travel, lodging, food or other expenses and are exclusive of all taxes, for all of which Prize Winner is solely responsible. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed Prize for one of equal or greater value for any reason. Prize Winner is responsible for all taxes and fees associated with the Prize receipt and/or use. Actual retail value of Prizes may vary and no Prize Winner will receive difference between actual and approximate retail value. All Prize elements must be redeemed at the same time. Odds of winning depend on the number of eligible entries received during the Promotion Period. TOTAL ARV OF ALL PRIZES: $2,674.00 USD.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. WINNING A PRIZE IS CONDITIONED ON ACCEPTANCE OF THESE RULES.
- Entry Conditions and Release
By entering, each participant, Entrant and Prize Winner agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and each of its respective parent, subsidiary, and affiliated companies and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or the websites and online forms used in connection with the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of a Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Promotion and/or Entrant’s acceptance, use or misuse of a Prize.
Except where prohibited by law, acceptance of a Prize constitutes a Prize Winner’s consent to Sponsor’s and its agents’ use of Prize Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. IF ENTRANT IS CHOSEN AS A PRIZE WINNER, ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A PRIZE WINNERS LIST AS REQUIRED BY STATE LAW.
- General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner or if the Entrant’s entry is deemed to be obscene, unlawful, vulgar, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined in Sponsor’s sole discretion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability
Every Entrant, Prize Winner and Prize Winner’s guests (if any) participate in the Promotion and use and/or accept Prizes at their own risk. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, Prize Winner, Prize Winner’s guests (if any), printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; and/or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein.
Entrants, Prize Winners and any other individual or entity participating in the Promotion agree that any and all claims, judgments and awards resulting and/or arising from the any Prize, the Promotion, or entry therein shall be limited to actual out-of-pocket costs directly related to entry into the Promotion, and in no event shall include attorneys’ fees, and under no circumstances will any Entrant, Prize Winner, individual or entity be permitted to obtain awards for damages other than for actual out-of-pocket expenses directly related to entry into the Promotion and each such Entrant, individual and/or entity hereby waives all rights to claim any damages other than actual out-of-pocket expenses directly related to entry into the Promotion, including, without limitation, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. No more than the stated number of Prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, unawarded, eligible Prize claims.
Any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prizes awarded shall be resolved individually without resort to any form of class action, and any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prizes awarded shall be resolved exclusively by the federal or state courts siting in New York City, New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- Entrant’s Personal Information
- Promotion Results
To obtain a copy of the Prize Winners list, send a self-addressed stamped envelope to The Dippin’ Dots Dance Challenge Promotion, Dippin’ Dots LLC, 5101 Charter Oak Drive, Paducah, KY 42001. Prize Winners list requests will only be accepted after the end of the Promotion Period and no later than October 31, 2019. FL, NY, and VT residents may omit return postage when requesting a Prize Winners list. These Official Rules will be posted at www.dippindots.com/song during the Promotion Period.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights are reserved.